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Duty to Preserve Arose When Plaintiff was Terminated, Court Rules

In Li v. Merck & Co., Inc., California Magistrate Judge Thomas S. Hixson found that plaintiff’s duty to preserve arose when she was terminated, rendering moot most of defendant's request for spoliation sanctions. However, Judge Hixson did grant defendant’s request for Rule 26 sanctions, finding “that the attorney that signed the October 21, 2024 discovery responses violated Rule 26 and should be sanctioned”. So, he ordered plaintiff’s attorney t…
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eDiscovery Today by Doug Austin broke the news in on Friday, August 15, 2025.
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